Ram v. Dann

Summary

The New York Appellate Division affirmed a judgment awarding Paul and Patricia Ram fee-simple title to real property and an order directing the sheriff to convey the property by quitclaim deed. The court held that the third-party plaintiffs failed to prove by clear and convincing evidence that they acquired title by adverse possession, including the required continuity and intent to convey necessary to tack their predecessors' possession.

Holdings

1. The third-party plaintiffs failed to prove by clear and convincing evidence that they acquired title to the subject parcel by adverse possession.
2. Successive adverse possessions may be tacked for property omitted from a deed only when the evidence shows that the prior adverse possessor intended to and actually transferred possession of the omitted property with the portion included in the deed; the third-party plaintiffs failed to make that showing.
3. Although the Appellate Division has broad authority to make its own factual determinations in a nonjury case, it may give weight in a close case to the trial judge's opportunity to observe the witnesses.

Questions Presented

1. Whether the third-party plaintiffs proved all elements of adverse possession by clear and convincing evidence.
2. Whether the third-party plaintiffs could tack their predecessors' adverse possession onto their own where the disputed parcel was omitted from the deed description.
3. Whether the Supreme Court properly awarded title to the plaintiffs/third-party defendants and directed conveyance of the property by quitclaim deed.

Disposition

affirmed